A contract of employment is an agreement between an employer and employee. It is the basis of an employment relationship. Even if you do not have anything in writing, there is always a contract between employer and employee. Your agreement to work in exchange for monies from your employer forms a contract. A written statement containing terms and conditions must be given to an employee within two months of starting work however.
The rights that you have under your contract of employment are in addition to the rights you have under law, such as, for example, the right to a national minimum wage and the right to paid holidays.
A contract will usually be made up of two types of contractual terms. These are express terms and implied terms.
Express terms are explicitly agreed between employer and employee. They include amounts of wages, hours of work, sick pay and redundancy pay for example. Express terms are sometimes not written in the contract, or not even written at all. They could be found in the job advertisement, letters from your employer, an office or staff handbook or payslips for example.
Implied terms are those which are not specifically agreed between employer and employee. These are general terms implied by customs and practice, implied into most contracts of employment.
A contract may be broken if you or your employer does not follow a term that is included in the contract. This is known as a breach of contract. If your think that your employer has broken terms of your contract and you have exhausted all of your workplaces procedures and protocols beforehand, get in touch with a solicitor.
Andrew is a Commercial & Employment Law solicitor in Leicester. Our Solicitors in Leicester are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.
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